MODI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is instituted against the judgment dtd. 29/10/2015 and order dtd. 7/11/2015, rendered by learned Additional Sessions Judge, Bhiwani, in Sessions Trial No. 72 RBT of 2015, by appellants Modi and Subhash, who were charged with and tried for the offence punishable under Ss. 363, 366A, 376(2), 452, 506, 511, 354, 354A, 201 IPC and Ss. 67, 67B of IT Act. Accused Subhash was convicted and sentenced as under:- <FRM>JUDGEMENT_227_LAWS(P&H)3_2019_1.html</FRM> <FRM>JUDGEMENT_227_LAWS(P&H)3_2019_2.html</FRM> <FRM>JUDGEMENT_227_LAWS(P&H)3_2019_3.html</FRM> <FRM>JUDGEMENT_227_LAWS(P&H)3_2019_4.html</FRM>

(2.) The case of the prosecution in a nutshell is that on 14/11/2014, the prosecutrix (name withheld), resident of Bawanikhera, tendered an application addressed to the SHO, Police Station, Bawanikhera. According to the averments made therein, around four months ago, Subhash, her neighbour gave her something by mixing in the juice on 15/7/2014. She was alone at home on that day. She became unconscious. When she gained consciousness, Subhash told her that he had committed wrong act with her. He had also prepared a CD in this regard. If she disclosed this fact to anyone, then she and her family members would be killed and the CD would be shown to all. She out of the fear of the family members remained silent. In the night of 8/11/2014 at about 11.00 P.M., Subhash entered the house by jumping the wall and shown her the CD and threatened her that if she disclosed this fact to the family members, he would make it public. After that accused Modi tried to rape her and he also gave her beatings. Twice an amount of Rs.500.00 was taken and once the amount of Rs.3,500.00 had been taken. At About 11.00 A.M. on 9/11/2014, she was sent to Hansi and he followed her in the other bus. He sent her in the shop of goldsmith in the market, where she sold her golden ring for Rs.2,700.00 and he took Rs.2,700.00 from her and handed over her Rs.100.00. After taking the money, he sent her at Bus-stand in the Auto and he himself came at the Bus-stand, Hansi. He asked her to board the bus to Delhi. He told her that Virat would meet her over there and he had sent her photographs to him. She got down from the bus. Virat met her. He enquired that whether she had been sent by Subhash Beniwal. After that he took her to his room and committed wrongful act with her and left her at Gurudwara Shishganj Sahib at 4.00 A.M. In the night on that day, accused Subhash gave her a telephonic call that she had not to return at Bawanikhera, rather she had to go to his friend, namely, Bharpur in Gujarat. Her brother reached Delhi in the morning and she came back to her residence. Accused Subhash had committed wrongful act with her many times and had threatened her and her family members to kill. It is in these circumstances, the FIR was registered. The statement of the prosecutrix was also recorded under Sec. 164 Cr.P.C. on 15/11/2014. She was medico-legally examined from General Hospital, Bhiwani. Accused Subhash was arrested on 25/11/2014. He made his disclosure statement. DSP, Bhiwani found the commission of offences under Ss. 354, 354A(1) IPC against accused Modi Lal. Hence, these provisions were also added. He was arrested on 19/12/2014. Investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of the case. The statements of the accused were also recorded under Sec. 313 Cr.P.C. They were convicted and sentenced, as noticed hereinabove. Hence, the present appeal.